RIF’d Teacher FAQ’s
Posted on | May 15, 2012 | No Comments
What Are Your Rehire and Other Rights If You Are Laid Off?
- Teachers laid off will be put on a reemployment list. Permanent teachers have recall rights of 39 months according to seniority, credential(s) and qualifications (probationary teachers 24 months). If at any time within the 39/24 months of recall rights the number of employees is increased or a service that was discontinued leading to a layoff is re-established the district must rescind RIF notices.
- If you were permanent you may waive your rehire rights for a period of up to one school year (meaning that you can ask to be passed over when the district makes rehire offers) without losing the right to subsequent offers of rehire in order of seniority.
- The district must offer substitute teaching opportunities in order of seniority during the recall period. If you were permanent and teach as a substitute during the school year for any 21 days or more within 60 school days the compensation you receive in that 60-day period, including your first 20 days of substitute service, should be the amount you would receive if you were being reappointed to your original position.
- A reappointed teacher does not suffer a break in service or loss of seniority. The period of absence though does not count as part of service credited for retirement. At any time prior to the completion of your first year of service after rehire, you can make up your contributions to STRS for the period during which you were laid-off, but neither the state nor district is obliged to match those contributions.
- If you obtain employment in another school district, you can transfer within one year your accrued sick leave from Carlsbad Unified by providing your new district with written notice that you would like to transfer your accrued sick leave together with the name and address of your former district.
Unemployment Insurance Benefits
- Employees who are laid off are eligible to receive unemployment insurance benefits.
- File for UI benefits immediately after your last day of work. There is a one week, unpaid waiting period. The fastest and most convenient way to file a claim is online at http://eapply4ui.edd.ca.gov .
- For more information, call the Employment Development Office (EDD) at 800-300-5616.
- Within 10 days of filing your claim, you should receive by mail either claim materials or notice that a telephone interview has been scheduled, if further information is needed. If you do not receive notification in the mail after 10 days, contact EDD. Your first UI benefit check should arrive within about three (3) weeks after filing.
- You can receive a regular benefit up to a maximum of $450 a week depending on your past earnings. If you file in May or June, 2012, your benefit amount will be calculated on the highest quarter in the base period of the twelve months ending December 31, 2011. The state unemployment benefits can be received for up to 26 weeks.
Health Insurance
- Your health insurance coverage will continue through September 30th if you worked the entire school year.
- After that date you can choose to continue your health insurance coverage for up to 18 months under the federal COBRA Act.
- Within 90 days of your termination from employment resulting in you losing employer paid health coverage, the District must notify you of your right to continue your health coverage under COBRA. Your right is to continue the same health insurance coverage that you had as an employee, including any coverage you carried for your spouse or dependents. Even if you choose not to continue your health coverage, you may elect to continue health care coverage for your children and/or your spouse may elect to continue coverage.
- You may choose to maintain your health insurance coverage for up to 18 months by paying the full premium due (which may be no more than 102% of the premium the plan pays for non-COBRA participants).
- Your first premium payment must be received by the plan within 45 days of your election of COBRA benefits. Your subsequent payments must be received within 30 days of the due dates set by the plan for premium payments.
Maintaining Your CTA Membership
- CTA members who are laid off can maintain their membership, and thereby continue to enjoy the benefits of CTA representation including covered legal representation through the Group Legal Services program and the benefits you receive through the CTA endorsed credit union, insurance and discount programs, by paying Category 3A dues, which are approximately one quarter of the dues paid by full time members.
- You can contact CTA Membership for information at 650-552-5278 or membership@cta.org . As a general rule, dues are paid for the full year and must be received by CUTA by October 31st.
- You may maintain your membership in CTA for the entire duration of your rehire rights or three years time, whichever is longer. Please note that if you work 25% or more as a substitute or temporary, your dues status will change and you should contact CUTA and/or CTA to make any necessary adjustments in your dues payments.
Bargaining Update ~ May 14, 2012
Posted on | May 14, 2012 | No Comments
CUTA Bargaining Update ~ May 11, 2012
Posted on | May 11, 2012 | No Comments
2012 CUTA Executive Board Election Results
Posted on | May 11, 2012 | No Comments
Ballots for the 2012 CUTA Executive Board election were received on May 7, 2012. The ballots were counted on May 10, 2012 at 3:30 p.m. by Kathy Nienhaus, Lori Browne, and Janet Nielson.
There were 319 valid ballots received. In the Elementary Member-at-Large, Jai McClelland received 149/291 and Pat Slattery received 142/291 ~ a very close race. As per CUTA elections procedures, the challenge procedure window is now open. Challenging parties must notify the CUTA President in writing within ten (10) calendar days.
Election results:
CUTA Executive Board
Vice-President: Christine Parr (99% of the votes)
Secretary: Dawn Kramer (96% of the votes)
Elementary Member-at-Large: Jai McClelland (46.7% of the votes)
High School Member-at-Large: Jeff Spanier (99% of the votes)
Congratulations!
CUTA’S speech to the school board ~ May 9, 2012
Posted on | May 10, 2012 | No Comments
Today we gather to celebrate those who represent the best in us. Today we honor people whose efforts and dedication have produced measurable and lasting positive influences on their students. Today we honor and acknowledge teachers and the students they serve.
And so I find it heartbreaking that, instead of standing here extolling the amazing things we do every day, I am forced to address the misinformation the district and a few site principals disseminated to parents, students and the community. We want a fair and equitable contract settlement based on honest, real information:
1. There is no guarantee that all RIF’d teachers will be reinstated if teachers agree to 7 furlough days. The district has agreed to bring back as many teachers as “needed.” This does not obligate them to any returns, although it’s unreasonable to believe they won’t rescind any. But the point is that there is no magic number of furlough days that guarantees any amount of teachers returning to work.
2. CUTA has always put students first. In contrast, this school board has focused on buildings and management over effective teachers and reasonable class sizes. Seven furlough days is 40% more than teachers’ fair share of the district budget. By trying to keep as many teachers working as possible, thus keeping class sizes as small as possible, and by focusing on people, not buildings, CUTA is absolutely putting students first.
3. No widespread reassignments and site moves need to happen. If principals are required to make their master schedules now, that has nothing to do with CUTA contract requirements. Principals can (and have done many times in the past) make contingency schedules that cover several scenarios. Since no teachers will be moved before the end of this year, there is still time for CUTA and CUSD to come to agreement before any chaos needs to ensue.
4. It is disingenuous to categorize the difference between 5 and 7 furlough days as $50 per teacher. Not only does it depend on where the teacher is on the salary schedule (for instance, some teachers would lose an additional $99 per month), but it also doesn’t acknowledge that this is on top of the cost of 5 furlough days. This sort of purposeful half-truth is what causes turmoil and dissent among all stakeholders because no one knows what’s real. Throughout these negotiations, CUTA has attempted, for better or worse, to lay out the facts as they actually are. While not everyone may agree with our conclusions, at least those decisions can be based on real information.
Teachers are not holding up negotiations. As we have said from the beginning, we don’t believe it’s wrong to pay for our share of this economic crisis. But we DO believe it’s wrong to be asked to pay for more than that. The district, rather than finding the remaining $450,000 away from teacher salaries, is asking the teachers to suck up even more. That does not make sense considering that programs, buildings and management salaries, including a new superintendent’s, have not been cut to the bone.
Instead of truly working on class sizes, this school board created more management positions from assistant principals to a director and refused to make cuts away from the classroom that personnel form the DO recommended more than once be done.
This district shortfall is currently $2.2 million. The teacher’s fair share of that shortfall is $1.3 million. $1.3 million is equivalent to about 18 teachers’ jobs, yet 77 teachers are still pink slipped. We would much rather spend our negotiations time brainstorming how to bring back the other 18 rather than being held hostage in negotiations with these over-inflated RIF’s.
CUTA looks forward to coming to a tentative agreement on Friday. In unity.
Teanna Evans’ (and Sue Wooley’s) Speech to the Board Teanna ~ RIF’d teacher at CHM, and Sue ~ rescinded teacher at CHM
Posted on | May 10, 2012 | No Comments
Seven years ago, I came to this district in hopes of growing and developing my practice, a practice that I whole heartedly believed that if you educated the young on how to make informed decisions, we could have a nation of change. I left behind my tenure and willingly took a pay cut to work in the prestigious district and under amazing individuals that I hoped would become my mentors. I believed that I would be encouraged and motivated to try to continue to expand my craft. Yet, 7 years later, I stand here and I am just a number; a number with a “Pink Slip”.
My students, former and present, were the ones most upset that their Calavera Hills 8th grade team of teachers received “Pink Slips”. The students began to ask questions and had a desire to find answers. With their passion for learning running strong, which is NOT common for 8th graders, we decided to make the situation a learning opportunity. This one situation that they are extremely passionate about could cover many 8th grade standards. I went to the district to ask for guidance and get articles that show multiple perspectives on the district deficit. Only we were told that we should not touch it because it would upset the board. My thought ~ but we are teaching to the students’ curiosity and desire for knowledge? We are constantly told that good teaching is one that connects students’ emotions and passions. Students’ minds are opened when their hearts are touched and they know that their teachers are listening. Yet, we were strongly advised to disband the idea.
This left me thinking; does the board know what it takes for teachers to capture the minds of their students? Does the board know what actually goes on in a typical teaching day in elementary, in middle or in high school? Does the board know what goes into the data they receive from the district on our students? Does the board know what a day looks like for students in classes with more than 40 students? What exactly does the board understand about teaching standards and brain based learning?
I am not sure you do, BUT I want you to know. Please come and shadow us, shadow our students and not for 15 minutes, but for a complete day. I believe if you want to make sound judgment on what should be discussed in classes, how many students are in a class, creating policies on student accountability, or lay-off of teachers, you must look at multiple perspectives. We ask our students to look at multiple perspectives; we ask those who are making critical decisions on our students’ education to also look at multiple perspectives. PLEASE join us in our classroom in order to understand not just theory, but practicality. Or do you want us to be just a number, significant only to opening the classroom doors?
Right now we are all separate entities battling against one another. I have seen the divisiveness throughout the last couple of years between the district, the teachers, the families and the community. This will not get us anywhere. We need to create a team, a team mentality. Our superintendent must be a coach that sees the strengths of all the players: principals, teachers, classified staff, students, and our parents-and then guide us on how each person’s role will help us to reach our team’s mission and make sure every player is valued.
Collaboration…co-labor, working together. I do hope that we can find a way with new leadership, a new year, to help people understand how significant and important they are to our community. There are many of us that are walking away from this year feeling like a number, that we do not matter. But there are opportunities before us, opportunities to make change for the future. I ask the board and the district, just as I ask my students, CHOOSE TO MATTER!, for our district, for our community.
Patti Langen’s Speech to the Board ~ RIF’d teacher at CHMS
Posted on | May 10, 2012 | No Comments
It has been stated at a previous board meeting that you believe you have an obligation to move forward in opening Sage Creek High School because your constituents voted for passage of Proposition P in 2006. As one of your constituents, I believe it is important for you to hear my thoughts on this topic.
I voted for Proposition P because voters were told by the District that not only would schools in the district get a much needed upgrade in facilities and technology, but also that the population at CHS would be more than the facilities there could handle. A new high school was necessary. I not only voted for Proposition P, but I worked the phone banks to recruit additional support. It appeared certain at that time, given the best information available, that a new high school was required to meet the needs of students.
Times have changes since 2006. As we have heard data from speakers at previous board meetings, the current facilities at CHS will definitely be able to meet the needs of students in the coming years. In this time of economic crisis, it makes no sense to this constituent to move forward in opening Sage Creek High. The costs are too high. Teacher layoffs, increased class sizes, fewer resources for our students, and fewer electives for students are just several examples of the price of moving forward to open the district’s bright and shiny new toy. The sensible solution is to delay the opening of Sage Creek High and the associated costs of operation until the budget outlook improves.
With two daughters attending Carlsbad schools since kindergarten and currently attending CHS, I am your constituent. I am an alumnus, having attended Magnolia Elementary, Valley Middle School, and CHS. I am a CUSD teacher who received a layoff notice. You can see that I am fully vested in Carlsbad schools. I know I’m asking you to make the tough choice, but I urge you to make the right choice for ALL Carlsbad Unified students.
Myth Busters ~ May 6, 2012
Posted on | May 6, 2012 | No Comments
Myth: If CUTA settles now, all RIF’s will be rescinded.
Fact: At no point has the district agreed to bring back all or any RID’ed teachers. In the last 2 of the 5 CUSD proposals, even with 7 furlough days, the district states, “Upon agreement to the above items, CUSD agrees to rescind all layoff notices other than those needed based on Board Approved reductions (CHS class size, CVA, librarian, etc.)” ~ about 12 teachers. This does not obligate them to any returns since the Board already approved them as “needed.”
Myth: The CUTA Bargaining Team is only made up of high school teachers.
Fact: The CUTA Bargaining Team consists of 2 high school teachers, 2 middle school teachers (both former elementary teachers), 1 special education teacher, 1 elementary teacher, and a CTA staff adviser.
Myth: Our CTA staff advisor gets paid to keep negotiations alive.
Fact: Our CTA advisor gets a salary with no overtime just as teachers do.
Myth: Students are not being put first by CUTA.
Fact: By focusing on buildings and management over effective teachers and over reasonable class sizes, CUSD is not putting students first. Seven furlough days is 40% more than teachers’ fair share of the district budget. The extra 2 days between our offer of 5 and their offer of 7 is only ½ of 1% of the district’s entire budget; whereas, those extra 2 days for a teacher is over 1% (equivalent to our last salary increase). By trying to keep as many teachers working as possible and by focusing on people, not buildings, CUTA is absolutely putting students first.
Myth: No agreement NOW means staffing chaos. Our contract requires us to be assigned before the end of the year.
Fact: Our contract does not discuss any timeline regarding teaching assignments. If principals are required to make schedules, that has nothing to do with CUTA “regulations.” In addition, prinicpals can (and have many times in the past) made contingency schedules that cover both scenarios (with and without RIF’d teachers back). Since no teachers will be physically moved before the end of this year, there is still time for CUTA and CUSD to come to agreement before any chaos needs to ensue. If the district wants to be controlling and unprofessional, they can certainly force this chaos, but we’re hopeful they won’t act in such a manner.
Myth: The difference between five and seven furlough days only costs teachers $50 per month.
Fact: In reality, 2 extra furlough days costs teachers $46-$99 per month (depending on your salary–see chart) on top of the $114-$249 per month required with 5 furlough days.
CUTA Bargaining Update May 2, 2012
Posted on | May 2, 2012 | No Comments
FACTS:
- CUTA proposed a one year contract which includes 5 furlough days based on our fair share cost of the deficit less the potential cost saving in closing BV, delaying the start-up of Sage Creek, and CVA Closure.
- CUSD 2012-2013 Budget Deficit $ 2.2 Mllion
- Additional CVA Savings – $100,000
- BV Closure - $500,000
- Sage Creek Start Up - $300,000
- Potential CUSD Budget Deficit $1.3 Million
- CUTA’s 69 % Fair Share of $1.3 Million = only 4 furlough days
- CUTA has offered to take 5 furlough days to fairly settle the contract and to rescind unnecessary RIF’s.
- It is not the teachers’ and students’ responsibility to pay for the school board’s expanding exposure to debt.
- It is CUTA’s belief that austerity is to cut current spending.
- CUTA agreed to open negotiations next November even though our contract would not end until June 30, 2013. This agreement would allow the district to bring back most of the RIF’d teachers.
- CUSD is demanding 7 furlough days which includes teachers and students paying for fiscally questionable decisions in these challenging economic times.
- The difference between 7 days and 5 days is $424,000, or only 1/2 of 1% out of their $81.3 million budget.
- CUSD is slow to analyze and process possible cost savings measures.
- CUSD DEMANDS! CUTA negotiates.
FEARS:
- If the November Ballot Tax Fairness Initiative does not pass, CUSD is looking at a potential of up to $4.8 million shortfall or 22 additional furlough days, which will be addressed in our negotiations in November.
- By June, CA Legislators may vote on continuing the “Fair Share” Cuts to Basic Aid Districts. (As of today no Fair Share Cuts have been voted on by the legislature.)
- CUSD Board will not cut any more programs leaving employees to bear the burden of CUSD budget problems and questionable decisions.
How to Get Involved:
- Attend the next School Board meeting: Wednesday, 5/9, 6:00 PM at the Carlsbad City Council Chambers ~ Wear your CUTA Blue.
- Next Negotiation Dates ~ May 11 & May 14.
- To avoid possible $4.8 million midyear cuts in 2012-13, all CUTA and community members need to sign the Schools & Local Public Safety Protection Actpetition.Relay the CUTA website and this bulletin to parents and community members.
- Refer parents and community members to the website to print out and collect signatures to support Governor Brown’s November Ballot Initiative.
- http://www.protectschoolsandpublicsafety.com
- CUTA Information: www.cutanews.org
- Call your local Representative and ask to increase school funding in California.
- Recruit responsible, capable community members to run for the school board in November.
STRENGTH COMES THROUGH UNITY
CUTA’s Speech to the School Board ~ April 25, 2012
Posted on | April 25, 2012 | No Comments
The Carlsbad Unified Teachers Association is disturbed by the hostile tenor this school board has taken in response to negotiations. The collective bargaining process requires patience and is often painful for both sides, but throughout teachers have remained professional. We do not deserve to be publicly chastised because this process is not pleasing to you. In that light, we have some questions that beg for answers:
- Why did we start the year with you telling your employees their salary schedules would be reduced by 20% when no other district has gone to such extremes?
- Why do you continue to lay off 85 teachers when only 20 are needed to match next year’s possible budget deficit?
- Why do you insist on opening Sage Creek High School when you apparently don’t have enough money to keep Carlsbad Village Academy open?
- Why are you so uneducated about the types of students who actually attend Carlsbad Village Academy?
- Why are you not in our classrooms more often ~ learning what we do, meeting our students, and developing relationships?
- Why did you, over the last 6 years, allow your superintendent’s salary to increase 29%- 34% (depending on how you calculate it), an increase completely out of line with the rest of your employees?
- Why have you spent over $25,000 to hire consultants to do work your employees could do?
- Why did you force the Buena Vista community to suffer through a school closure committee when you had the enrollment numbers in front of you the whole time?
- Why do you subvert our treasured democratic process by discouraging and attacking dissenting opinions from your own board members?
We would welcome a dialogue on these issues in a forum that encourages communication rather than having to endure your pontificating later when your format does not allow for this dialogue. We look forward our next bargaining session on May 2nd and a possible quick settlement.
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